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2023-02-21 Regular Meeting Edmonds City Council Approved Minutes February 21, 2023 Page 1 EDMONDS CITY COUNCIL MEETING APPROVED MINUTES February 21, 2023 ELECTED OFFICIALS PRESENT Mike Nelson, Mayor Neil Tibbott, Council President Vivian Olson, Councilmember Will Chen, Councilmember Diane Buckshnis, Councilmember Susan Paine, Councilmember Dave Teitzel, Councilmember Jenna Nand, Councilmember STAFF PRESENT Michelle Bennett, Police Chief Rod Sniffen, Assistant Chief David Machado, Police Sergeant Angie Feser, Parks, Rec., & Human Serv. Dir. Susan McLaughlin, Planning & Dev. Dir. Rob English, City Engineer Mike Clugston, Senior Planner Thom Sullivan, Facilities Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator 1. CALL TO ORDER/FLAG SALUTE The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Nelson in the Council Chambers, 250 5th Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Buckshnis read the City Council Land Acknowledge Statement: “We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water.” 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER NAND, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Mayor Nelson described the procedures for audience comments. Jim Morino, Edmonds, referred to Agenda Item 9.3, City of Edmonds and Boys & Girls Club Ground Lease Agreement, advising he has been involved with the Boys & Girls Club for over 30 years and is Edmonds City Council Approved Minutes February 21, 2023 Page 2 involved with fundraising for the new club. He appreciated the council considering the lease for the Boys & Girls Club. Kelly Brewe, a member of the Edmonds Boys & Girls Club fundraising committee, hoped the council would approve the ground lease agreement so the fundraising committee can move forward with planning and fundraising. Fundraising is off to a good start for this exciting project and they have received encouraging local and private support so far. If all goes well, they will continue fundraising and proceed with design and permitting with the goal of bringing a state of the art facility to provide services to hundreds of Edmonds and south Snohomish County kids while offering a great compliment to the beautiful new Civic Park. She expressed appreciation for the council’s thoughtful consideration. Nora Carlson, Edmonds, a resident of the Westgate neighborhood, urged the council to assist the neighbors and staff at Westgate Elementary School who have ongoing concerns about safety issues at the dangerous intersection of 96th Avenue W & 220th Street SW. She was wearing a Westgate Elementary School t-shirt with the statement, stronger together, commenting we are stronger together when we work together on important issues we care about in our community. She thanked each of the councilmembers who responded to her email sent prior to the February 7 council meeting, stating she greatly appreciated their support for effectively addressing the ongoing safety concerns at the school crossing near Westgate Elementary School. She looked forward to the council’s unanimous yes vote on the Consent Agenda to move forward on the school zone speed cameras. This addition to the intersection will be an effective way to slow drivers down and remind them to follow the speed limit on 220th. As she has expressed to the council for a few years, her intent is to ensure the council is aware of ongoing safety issues near Westgate Elementary School and ensuring changes will be made for the safety of students, staff, parents and neighbors. Lora Hein, Edmonds, a resident of Westgate neighborhood, expressed appreciation for the council placing the speed zone traffic cameras on the Consent Agenda, a project that cannot happen soon enough. With regard to the speed cameras will be set at to issue tickets, she urged the council to consider keeping the point at which tickets are issued closer to 5 mph over the speed limit instead of 11 which was the range that was suggested. In a 20 mph zone, 5 to 6 mph over the limit is about 20-30% over the speed limit which would be equivalent to 20-30 mph over in a 60 mph zone which she felt was absurd. There are extremely vulnerable children, elderly, and animals in that area and as Mayor Nelson said in his State of the City report several weeks ago, cars are lot more protected than people. When driving on 220th, the radar speed sign occasionally reflects that her speed is 1-2 mph over the speed limit so 5-6 mph over the 20 mph speed limit is sufficient to remind someone via a ticket that they need to slow down. She thanked the council for their willingness to address this issue and to protect the most vulnerable members of their neighborhood. Nile McShane, Edmonds, present with his friend and neighbor Jerry Thorsen, residents on Lake Ballinger in the southeast corner of Edmonds, explained Mr. Thorsen is the past president of the Lake Ballinger Community Association which was instrumental in the formation of the Mountlake Terrace forum elimination of internal combustion engines on the lake and improvements on the culverts to McAleer Creek and other enhancements over the years. He referred to the particularly bad flooding that occurred on Lake Ballinger this winter. Past community action helped establish agreements about water levels in the lake and regulations that helped clean up the water and ensure the ecology of the lake is protected. However, it was his understanding that this winter’s flooding was the worst since 1996 and presented a significant risk of damage to property including docks, gardens and potentially homes. His dock was damaged in this year’s floods and he also lost trees on his property due to soil saturation. Other homes in lower lying areas around the lakeshore were much more severely inundated and may have incurred even greater damage. It is apparent the problems with flooding have been known for many years and numerous studies have been done and some actions taken, but the problem has not been resolved. With increased development and climate change, the risk of more severe flooding events only increases. In addition, the plan to spend $5 million on the park at the north end of the lake which includes restoration of Hall Creek has the potential Edmonds City Council Approved Minutes February 21, 2023 Page 3 to further increase water flows into the lake without commensurate action to ensure water flows out of the lake. The cities of Mountlake Terrace and Lake Forest Park are actively involved in the management of the McAleer Creek Watershed and are resistant to increased outflows from the lake due to claims about flooding downstream. As almost all the homes on the lake are within Edmonds, he requested Edmonds take a more proactive position to advocate for their interests in the watershed forum. Their first request is a meeting with members of the council and the community to talk about these issues. Amendment to Agenda Mayor Nelson advised he forgot to request Item 9.2, 2023 Carryforward Budget Amendment, be removed from the agenda. Council President Tibbott agreed with the request to remove Item 9.2. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA AS AMENDED, REMOVING AGENDA ITEM 9.2, 2023 CARRYFORWARD BUDGET AMENDMENT. MOTION CARRIED UNANIMOUSLY. 6. RECEIVED FOR FILING 1. CLAIM FOR DAMAGES FOR FILING 2. PRELIMINARY DECEMBER 2022 MONTHLY FINANCIAL REPORT 3. WRITTEN PUBLIC COMMENTS 7. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO APPROVE THE CONSENT AGENDA. Council President Tibbott requested Item 7.13, Risk Management Policy, be removed from the Consent Agenda and sent to the PPW Committee to consider questions that surfaced during the past week. Councilmember Teitzel requested Item 7.19, Interlocal Agreements – Arizona State and Snohomish County Purchasing Cooperative Agreement, be removed from the Consent Agenda and moved to Council Business Item 9.1 and the remaining items renumbered. Councilmember Buckshnis requested Item 7.9, Authorize Mayor to Sign Interagency Agreement with Department of Commerce to Receive FY2023 GMA Planning Grant For Comprehensive Plan Periodic Update, be removed from the Consent Agenda so she can vote against it. Councilmember Olson requested Invoice 2-25756 be removed from Item 7.6, Approval of Payroll and Benefit Checks, Direct Deposit and Wire Payment, for questions and recommend approving the remainder with the Consent Agenda. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL RETREAT MEETING MINUTES OF JANUARY 27, 2023 2. APPROVAL OF SPECIAL MEETING MINUTES OF FEBRUARY 7, 2023 3. APPROVAL OF REGULAR MEETING MINUTES OF FEBRUARY 7, 2023 4. APPROVAL OF COUNCIL COMMITTEE MINUTES FEBRUARY 14, 2023 5. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENT. 6. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS (WITH THE EXCEPTION OF INVOICE 2-25756) 7. RESOLUTION TO ADOPT LEAK ADJUSTMENT POLICY 8. CONFIRMATION OF TREE BOARD ALTERNATE POSITION APPOINTMENT 10. INTERGOVERNMENTAL AGREEMENT SNOHOMISH COUNTY DIVERSION CENTER Edmonds City Council Approved Minutes February 21, 2023 Page 4 11. PARKS & RECREATION STAFF JOB DESCRIPTIONS (PARKS MAINT AND REC LEADER: GYMNASTICS) 12. RECREATION STAFF JOB DESCRIPTIONS & WAGE RANGE UPDATE 14. SUMMER MARKET AND EDMONDS SPRINGFEST EVENT CONTRACTS 15. WILLIAMS, KASTNER & GIBBS PLLC (“WILLIAMS KASTNER”) CONFLICT WAIVER 16. CAMERA ENFORCEMENT IN SCHOOL ZONES - RESOLUTION 17. ORDINANCE FOR CAMERA ENFORCEMENT IN SCHOOL ZONES 18. OWNERSHIP TRANSFER FOR RETIRED K9 HOBBS 20. TAKE HOME POLICY FOR CITY-OWNED VEHICLES 21. PSPHSP COMMITTEE MEETING PROPOSED TIME CHANGE 22. APPROVAL OF UTILITY EASEMENT FOR EXISTING UTILITIES IN PRIVATE ALLEY ADJACENT TO 614/616 5TH AVE S 23. APPROVAL OF DISTRIBUTION EASEMENT TO PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY AT 310 6TH AVENUE NORTH. 24. DEVELOPMENT FEES UPDATE ITEMS REMOVED FROM CONSENT 13. RISK MANAGEMENT POLICY COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO SEND THIS BACK TO THE PPW COMMITTEE FOR ADDITIONAL WORK. MOTION CARRIED UNANIMOUSLY. 9. AUTHORIZE MAYOR TO SIGN INTERAGENCY AGREEMENT WITH DEPARTMENT OF COMMERCE TO RECEIVE FY2023 GMA PLANNING GRANT FOR COMPREHENSIVE PLAN PERIODIC UPDATE Councilmember Buckshnis explained she planned to vote no because she used to work in the regulatory sector, and Item 5 in the agreement regarding subcontractor data collection states the contractor will submit reports, in a form and format to be provided by Commerce. Task 1 and Action Items 1.1, 1.2 and 1.3 and Deliverable 1 have never been brought to council for approval. In Task 2, Item 2.1 and 2.2 refer to the branding of the comprehensive plan and visioning. She will vote no out of an abundance of caution. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AUTHORIZE THE MAYOR TO SIGN INTERAGENCY AGREEMENT WITH DEPARTMENT OF COMMERCE TO RECEIVE FY2023 GMA PLANNING GRANT FOR COMPREHENSIVE PLAN PERIODIC UPDATE. Councilmember Nand asked Councilmember Buckshnis for the packet page with the language she objected to. Councilmember Buckshnis advised it was packet page 211. Councilmember Nand said it appears the items have already been completed by the planning department and asked why Councilmember Buckshnis was objecting to delivering them to the Department of Commerce. Councilmember Buckshnis answered from her oversight role she believed the council should be provided the gap analysis, best practices and equity for oversight. She asked for that information, but it has not been provided. Out of an abundance of caution and due to her years of working with federal stuff, she will vote no. UPON ROLL CALL, MOTION CARRIED (6-1), COUNCILMEMBERS TEITZEL, CHEN, OLSON, PAINE, AND NAND AND COUNCIL PRESIDENT TIBBOTT VOTING YES; COUNCILMEMBER BUCKSHNIS VOTING NO. 19. INTERLOCAL AGREEMENTS - ARIZONA STATE AND SNOHOMISH COUNTY PURCHASING COOPERATIVE AGREEMENT Edmonds City Council Approved Minutes February 21, 2023 Page 5 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO MOVE THIS ITEM TO COUNCIL BUSINESS ITEM 9.1. MOTION CARRIED UNANIMOUSLY. 6. INVOICE 2-25756 IN APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO REMOVE THIS INVOICE TO TALK TO STAFF AND BRING IT BACK FOR APPROVAL NEXT WEEK. Councilmember Nand wanted to ensure there was a mechanism to bring it back for approval, recalling during the audit exit conference, there was a comment that the council procedurally failed to do that in a previous meeting. Council President Tibbott advised there was a mechanism to approve it at a future meeting. MOTION CARRIED UNANIMOUSLY. 8. PUBLIC HEARING 1. PUBLIC HEARING ON ADDITION OF MINOR DEVELOPMENT CODE AMENDMENT PROCESS IN ECDC 20.80 (AMD2022-0005) Senior Planner Mike Clugston recalled staff introduced this topic to council a couple weeks ago. The intent is to add code to Chapter 20.80 related to development code amendments that are minor in nature. A roster of amendments will come to council twice a year or more often depending on the need related to issues that require no policy study, only related to code cleanup. He noted the incorrect version of the code amendment was included in tonight’s packet. He highlighted changes that were made when this was last presented to council: Page 386, 20.80.015.B.1 remove “correct Scrivener’s errors,” in 20.80.015.B.2, remove “scriveners,” and in 20.80.015.C replace “Development Services Director” with “Planning & Development Director.” Those changes will be reflected in the final ordinance. He noted those are the type of minor changes that would come to council during this minor development code amendment process, things that staff and others realize when using the code need to be updated. For example, he noted yesterday there is code in Title 18 related to streateries which are no longer allowed, but there is an entire section related to it. Removing that would be considered a minor change as the code is no longer valid and sunsetted in May 2022. He recommended taking and considering public testimony and staff will return in a couple weeks with a final ordinance for council adoption. Planning & Development Director Susan McLaughlin commented this is the first step of the code modernization process. Staff is excited to establish this process to cleanup obvious items and move toward the more substantive work. Councilmember Buckshnis referred to Mr. Clugston’s example of streateries, recalling there was interest in having that come back in a different form. She was confused by what was considered minor and major, recalling there was interest in relooking at streateries and coming up with something unique. Ms. McLaughlin answered outdoor dining in the public right-of-way is a topic of discussion that will be packaged into reimagining neighborhoods and streets. In its current form in the code, it is incorrect and obsolete because it refers to an ordinance that has sunsetted. She summarized the code would need to be rewritten. Councilmember Nand reiterated the comments she made previously, in her experience as the liaison for the tree board, there is often disagreement by board members regarding what constitutes a minor amendment versus an intermediate or major amendment. The council relies on volunteer boards and commission members and their deep knowledge of the section of the code they are responsible for to advise them. She Edmonds City Council Approved Minutes February 21, 2023 Page 6 referred to language in 20.80.010 “The city council may refer a proposal to the planning advisory board, or other board, commission, committee, staff, or other ad hoc group for its or their nonbinding recommendations.” She said that procedural step would give her greater comfort in this streamlining process. Councilmember Teitzel said he has seen references in the code to scrivener’s errors and clerical errors. He asked if a clerical error is a subset of a scrivener’s error or whether they were the same. Mr. Clugston said he was not familiar with cites to clerical errors; staff could look at that. He believed they were the same thing. Ms. McLaughlin commented a clerical error could be something like changing the meeting time for a committee. Councilmember Teitzel said he was comfortable these amendment would come to council on Consent Agenda twice a year. When the first minor code amendments are put on the Consent Agenda, council can see what staff meant by minor and would have an opportunity to pull them from the Consent Agenda for further discussion if necessary. Mayor Nelson opened the public hearing. There was no public present in Council Chambers or virtually who wished to provide testimony. Mayor Nelson closed the public hearing. Council President Tibbott commented this was an opportunity to hear from the public. In the coming days, council will have the opportunity to discuss the minor development code amendment process with staff. When this comes back to council for final decision, council will have more information, enabling the council to make an informed decision about moving forward with ample time to interact with staff about this and other code amendments. 9. COUNCIL BUSINESS 1. INTERLOCAL AGREEMENTS - ARIZONA STATE AND SNOHOMISH COUNTY PURCHASING COOPERATIVE AGREEMENT Councilmember Teitzel commented he was conflicted about this. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE INTERLOCAL AGREEMENTS - ARIZONA STATE AND SNOHOMISH COUNTY REGARDING PURCHASING COOPERATIVE AGREEMENTS. Councilmember Teitzel observed these are cooperative agreements between the City and Snohomish County and Arizona State to purchase vehicles in bulk that are not available in Washington. It is a creative move and he complimented the fleet manager and Public Works Director Antillon. The PPW Committee discussed this and supported the notion of this agreement, but in the discussion with Mr. Antillon, it became clear that some of the vehicles are police vehicles approved in the 2023 budget. It was his belief when those vehicle purchases were approved that the vehicles would be hybrids. However, due to a severe supply chain issue, hybrid vehicles not available at this time. He wanted to ensure the council was aware of this issue and discussed it more fully. Councilmember Teitzel cited the following: from the mayor’s presentation on the state of city earlier this month, “The Edmonds Climate Action Plan sets actions to reach a carbon emission reduction goal. The main goal of the plan is to reach climate neutrality by 2050. This means by 2050 we are only producing an amount of carbon emissions that our planet can absorb. Sadly our city has made little measurable progress since Edmonds’ first climate action plan in 2010. We must take bolder action. The 2023 CAP outlines new actions so that Edmonds can meet our 2035 target if we take action now.” He read from the first page of the Climate Action Plan, “The city adopted resolution 1453 which commits Edmonds to a science based target of 1.5 degrees Celsius global temperature rise. To meet that target means the community must be carbon neutral by 2050. We have a long way to go, but we have reason to hope we can get there.” He read from the last page of the Climate Action Plan, “To address the reduction gap identified in the tool, replacing Edmonds City Council Approved Minutes February 21, 2023 Page 7 fossil fuel based gas, carbon neutral refrigerants, carbon sequestration and other measures are need to meet our GHG emission targets for 2050.” Councilmember Teitzel commented those are serious cites and the City needs to get serious about getting there. He reflected on DP59 in the 2023 budget which includes replacing two Ford Explorers with 2023 Ford Explorer hybrids. He read from the December 5 budget deliberations, “Sergeant Machado relayed at current staffing, there would be enough for assigned cars plus 2-3 breakdown cars; the two high mileage cars would probably be breakdown cars. An assigned car will last 5-7 years versus a pool car that has a 3- 4 year service life. The rate of decay and amount of repair for a pooled car as they get to the end of their lifespan and have higher mileage is significant and the cost per mile for pooled cars versus assigned cars is dramatically higher particularly at the end of their lifespan. Chief Bennett said there is now an option for hybrid patrol cars which provides for energy efficiency and in theory, longer life.” Councilmember Teitzel said that informed the council’s thinking when approving funds in the 2023 budget were approved for the purchase of a fairly substantial number of police vehicles using ARPA funds. He asked how long it might take to weather the supply chain issue and purchase those vehicles, relaying his strong preference that the City purchase hybrid vehicle versus gas-powered vehicles. If it is not possible, the council has a decision to make in terms of whether the approval should proceed on that basis. He asked Police Chief Bennett her thoughts about the supply chain issue and the timeframe. Chief Bennett commented ideally it would wonderful to have hybrid vehicles in the police fleet, however, even gas powered vehicles, seven were ordered in October 2022 as replacements and the vendor canceled the order in November. Although having electric or hybrid vehicles would be a perk and at some point, possibly in five years, police vehicles may be all electric and by that time some of these vehicles may be mileaged out. The underlying purpose of the program was assigned cars as a force multiplier for recruiting and retention and to save the City money. While it would be great to have electric vehicles, their availability as well as the availability of regular patrol cars is very limited. Sergeant David Machado commented the current fleet does include six hybrid vehicles as front line patrol cars. They provide a different driving experience for patrol officers because they turn off automatically even through there is a high electrical demand on cars. A hybrid police car is still a mission specific vehicle that must have a variety of capacities. The patrol vehicle he drives is a multi-fuel vehicle, gas and propane. In 2012 the City went to a propane concept; dual fuel is required because the car starts on a gas fuel system and switches to propane after reaching a certain temperature. Fleet services and managers at the time determined the use of propane had added value for fuel efficiency and emissions. There are a few police vehicles including the one he drives, that are dual fuel. From the perspective of how the City has challenged itself and speaking with a literacy relating to efficiency in application, conceptually it makes good sense to look for the best mechanism. Everyone is suffering from the reality of ongoing supply chain issues, from ballistic vest to AED pads to vehicles. There may only be 2-3 hybrid cars available over the next 12-18 months. He provided an example of the impact that limited front line service vehicles have; last night there was a relatively serious motorcycle collision on Highway 99 at 229th at about 5:30 p.m.; due to there not being enough cars, he could not get his squad in service to back up the day shift squad that was in service. A force multiplier and dependable force deployment concept is what assigned cars are about. Assistant Chief Sniffen explained this project is to get the assigned vehicle program off the ground using the unique opportunity of one time funding with ARPA funds. As much as he and others would like hybrid vehicles, there are supply chain issues with the batteries and the chips. Even civilian consumers are having difficulty get certain brands of electric and/or hybrid vehicle. He supported hybrid vehicles for the future, keeping in mind that the lifecycle of patrol cars is 5-6 years which would be 2027-2028 when other vehicles could be considered and hopefully supply issues will be resolved. There has also been discussion about all Edmonds City Council Approved Minutes February 21, 2023 Page 8 electric vehicles; he was excited in 2022 when public works acquired two electric pickup trucks as the pickup truck platform is becoming more popular in police work which may also be an option. AC Sniff continued after council approved the new vehicle purchases in the 2023 budget, he worked closely with Senior Mechanic Carl Rugg and Public Works Director Oscar Antillon to source the vehicles to fill the program and when the they found the vehicles, to get as many hybrids as possible. That is still the plan, although he has not checked in with Mr. Rugg this week. The intent was to get the purchasing program in place in order to have further discussions regarding which vehicles will be available in the Phoenix area. Arizona seems to have a line with Ford because they are buying in bulk quantities, 400+ vehicles; Edmonds is only asking for a small portion of that. Edmonds was first in line for those vehicles and will have first choice on what they get. He has requested the focus be on getting hybrids first, but hasn’t gotten a straight answer from any of the parties regarding what vehicles will be available, because they do not know what Ford will be able to ship to them. Chief Bennett commented Assistant Chief Sniffen is modest about the amount of work he has done in arranging this and being first in line to purchase these cars. There are a lot of agencies clamoring to get these vehicles on a first come first serve basis. Councilmember Teitzel said he feels conflicted due to the council balancing two priorities, public safety and the climate. He would love to have a majority of the new cars be hybrids, but if it is not possible to obtain those, he wanted council to understand that. This does not have any bearing on whether the council approves the cooperative purchasing agreement which he supports, but he wanted to ensure the council was aware of the supply chain issue and that the City may not be able to get hybrids in the next year or two. Chief Bennett agreed it may be 1-3 years before hybrids are available. Councilmember Buckshnis commented she was looking at the financial aspect; the carryforward amendments were pulled from tonight’s agenda but they include a $608,000 carryforward due to delays in purchasing vehicle as a result of supply chain issues. The carryforward amendments also include a $63,000 increase as a result of the delay. She preferred to get the police force in action and get the take-home vehicle program in place. Chief Bennett explained the department was notified in November that the previous order for cars was being canceled and requiring the purchase of next year’s model at an increased price. Councilmember Nand commented in reviewing the Arizona State Purchasing Cooperative Agreement, there is no exclusivity clause. She asked if it would be feasible to get more hybrid vehicles if Mr. Antillon and the police department were given more time, such as 1-2 months, to find other potential suppliers. Assistant Chief Sniffen said he would not know the answer to that question without talking to Mr. Antillon or Mr. Rugg. The amount of work he put into finding these vehicles in Arizona was monumental and if staff continued to look for other programs, the City would not be in the pole position but way back in the pack and may not be able to purchase vehicles at all. He assured staff was committed to trying to source hybrid vehicles; this is one location that potentially has them. He could not guarantee by entering into the agreement with the State of Arizona that they will have hybrids available for purchase but if they do, staff has already requested them. The agreement with the State of Arizona is the City’s best chance of getting hybrid vehicle, but he could not guarantee that Ford would deliver hybrid vehicles to Arizona. If they do not, he did not want to be caught shorthanded by not being able to purchase the gas versions which Arizona has stated they will get those delivered from Ford. Councilmember Nand asked if it would be helpful to say the council is requiring for example six of nine vehicles be hybrid or something like that. Assistant Chief Sniffen said it has been made abundantly clear that that is the City’s goal to meet some of the climate goals in the future. The department already has some hybrid vehicles; it is purely a supply chain issue. The goal is to get hybrid vehicles when they are available, but if they are not available, it is preferable to move forward instead of waiting. Councilmember Nand said Edmonds City Council Approved Minutes February 21, 2023 Page 9 she would be comfortable with setting a minimum requirement for the number that would be hybrid versus internal combustion. Council President Tibbott observed it is possible some of the vehicles sourced through Arizona will be gas models. He asked if the gas models were less expensive than hybrids. Assistant Chief Sniffen answered yes. Council President Tibbott observed theoretically could lower the overall cost for securing the vehicles and starting this program. Assistant Chief Sniffen agreed. Council President Tibbott observed there are older vehicles in the fleet that will become due for replacement in 1-3 years and hopefully the supply chain issues will have been resolved by then and those vehicles could be replaced with the preferred vehicle. Chief Bennett commented the goal is to have hybrid vehicles. If she could have an entire fleet of hybrid or even all electric, she would do it now. There are constraints with the use of the one-time ARPA funds and huge constraints with supply chain issues. She reiterated Assistant Chief Sniffen’s modesty in regard to the amount of time and energy he put into finding this vendor through multiple contacts. In speaking with other chiefs in the area, they are having the same problem and are miffed Edmonds got in line before they did. If for some reason Arizona is able get 400 hybrid vehicles, Edmonds would purchase all hybrids, but that is unlikely due to supply chain issues. The department wanted to be honest about what might happen. Council President Tibbott found the expense of starting this program is a justifiable use of ARPA funds and he supports moving forward with the program. The replacement of older vehicles in the fleet with hybrids sooner rather than later is a good possibility. He expressed support for the motion. Councilmember Paine commented it sounds like staff has turned over every stone to look for hybrid vehicles or any vehicles. No progress has been made on the City’s Climate Action Plan (CAP) for the last decade through no fault of the City’s efforts. She asked whether staff would report to the council when they heard from Arizona. It will be exciting to hear what vehicles are available; the City does not have the luxury of time and getting older vehicles off the road will still be an improvement although not perfect. Assistant Chief Sniffen said that is the number one question he gets asked; he checks with Arizona daily and they have not provided a timeline. With a standard turnaround, when vehicles are ordered at the end of the previous year, they begin to arrive in April. He hoped to know more in the next couple months about what vehicles they have and when they will be delivered and offered to report to council. Councilmember Paine asked if there was any chance Arizona would cancel the order like the other vendor did. Assistant Chief Sniffen did not believe they would do that. Councilmember Paine commented that has happened and she hoped there was a plan B in case something unfortunate like that happened. She was supportive of moving forward as there are good reasons for each officer having a vehicle and was hopeful all the vehicles would be hybrids. To the point that internal combustion engines vehicle are less expensive at the outset, Councilmember Nand said she was an early adopter of EVs and has a 2013 Chevy Volt. With gas price fluctuations, the savings with electric vehicles, especially with unknowns like the war in Ukraine, global supply chain issues, accumulate over time. She strongly supported moving to a hybrid or purely electric fleet for the entire City as soon as possible as the savings will be really significant over time. Councilmember Teitzel restated the motion APPROVE INTERLOCAL AGREEMENTS - ARIZONA STATE AND SNOHOMISH COUNTY PURCHASING COOPERATIVE AGREEMENT FOR VEHICLES. MOTION CARRIED UNANIMOUSLY. 2. PUBLIC SAFETY SOLAR PLANT - PROJECT PRESENTATION AND APPROVAL Edmonds City Council Approved Minutes February 21, 2023 Page 10 Facilities Manager Thom Sullivan provided an update on the solar plant that will be installed on the Public Safety Building’s roof. He reviewed: • Project description o Location of solar panels on building o Scope  Install solar PV modules on roof segments along main entrance of public safety building visible to the public  System will be interconnected and set up for net metering with the local utility (Snohomish PUD)  The generated power is expected to offset about 18% of the building’s annual grid consumption o Funding  2022 Fac. Maint. Fund 016 (non-bond): $230,000  2023 Fac Maint Fund 016 (non-bond): $250k-300k)  Awarded commerce grant funding: $119,645 o 25% of total project cost  Anticipated IRA reimbursement: $176,048 o 30% of total project cost  City council match: $394,692 • Project Financial o Project Payback  Simple payback of 18 years including grants, utility savings and carbon savings o Cost of Carbon  The social cost of carbon dioxide per metric ton of CO2e: $85 (WA UTC)  This equates to $8,500/year cost of carbon savings (for 2020) o Energy and Greenhouse Gas Reductions  Electric energy savings of 122,389 kWh/year  Utility costs savings of $10,596/year  Carbon reduction of 215,546 lbs CO2e/year  Equivalent to 365,222 miles not drive/year or 27 acres of trees planted • Project benefits o Lowest Cost  Approved Commerce grant matching  Opportunity for solar project at lowest cost  IRA funding reimbursement o Carbon neutral Edmonds City Council Approved Minutes February 21, 2023 Page 11  CAP goal to be carbon neutral by 2050  Leading by example  Educational opportunity for community o Guarantees  Turn-key delivery  Guaranteed project cost  Guaranteed performance o Next steps  City council confirmation of funding match - Commerce grant has previously been accepted Councilmember Olson gave a shout out to the team of consultants who collaborated on this project. They heard the council’s concern about the cost and worked hard to fit the project into the original budget. She appreciated that this project was moving forward in a way that made sense financially. Councilmember Teitzel applauded staff for the very complete and detailed agenda packet and similarly great packet presented to the PPW Committee last week. In terms of durability, he noted this area does not often have Texas-type, golf ball sized hail, but climate change is happening so it could happen in the future. He asked if the panels could stand up to large size hail. Mr. Sullivan said he was not sure about golf ball sized hail, he has experienced that that and it is very scary. The panels are designed to perform in the Pacific Northwest. He will research the durability and damage hit rating and get back to council. Councilmember Buckshnis said bravo, commenting once the council goes through the carryover amendment process the funds will be the approval so it was unlikely this will need to be presented to the PPW Committee again. She agreed with the comments about the great packet and great presentations tonight and at the PPW Committee. She summarized, hurrah for this long awaited project. Councilmember Chen thanked staff for bringing this forward. As Councilmember Buckshnis stated, this is a carryforward; the costs have increased and the carryover amount is not sufficient to cover the total estimated cost of $690,000. He asked if that was due to inflation. Mr. Sullivan responded one of the cost increases was the six month hiatus in using the state’s Energy Services Program due to complication on another project. During that time, the PV cells were discontinued so new panels and new inverters had to be sourced which resulted in a cost increase. Councilmember Chen observed the carryover was due to obstacles that prevented implementation of this project in 2022. He asked if staff was confident the project could be completed in 2023. Mr. Sullivan responded staff was confident it could be completed in 2023. The timeline from mobilization to a complete project is 6-8 weeks and he anticipated it would be constructed during the summer. Councilmember Chen asked if the $119,000 commerce grant and the $176,000 IRA reimbursement were secure. Mr. Sullivan answered the $119,000 from the state is secured and the $176,000 is a projected cost. The guidelines came out from the federal government on the 16th and staff is reviewing the process for securing those funds. Councilmember Chen wondered if there would need to be a budget amendment to cover a potentially increased cost. Mr. Sullivan said he hoped not, but could not guarantee it. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO AUTHORIZE THE MAYOR TO ACCEPT THE MATCHING FUNDS THAT HAVE BEEN DESCRIBED AND CONFIRM THE PROJECT AND MOVE FORWARD WITH IT. Councilmember Paine commented if the project is able to proceed, she wanted to proceed with some haste because projects get bogged down and there is a lot of pressure to obtain PV panels as other communities are looking at similar projects, particularly due to funds from the IRA. Edmonds City Council Approved Minutes February 21, 2023 Page 12 Councilmember Nand asked whether the building could become a net contributor to the grid once the panels are installed and from a climate resilience standpoint, will the system have the ability to store energy to provide resilience during blackouts. Mr. Sullivan answered unfortunately it is a net metered program and it is not expected that the solar plant will ever outproduce the needs of the building. The building operates 24/7 due to the police station. With regard to battery backup, the public safety building and Fire Station 16 are 100% generator backup for emergency response and due to the location of the emergency operations center in the public safety building. Battery backup will not be used and when the generator comes on, the solar plant will be locked out via the automatic transfer switch so it does not back feed PUD’s system when it comes back online. Councilmember Nand observed the generators are powered by gasoline. Mr. Sullivan answered they are powered by diesel. MOTION CARRIED UNANIMOUSLY. ` Mayor Nelson declared a brief recess. 3. CITY OF EDMONDS AND BOYS & GIRLS CLUB OF SNOHOMISH COUNTY GROUND LEASE AGREEMENT Parks, Recreation & Human Services Director Angie Feser advised this is a ground lease between the City of Edmonds and the Boys & Girls Club (BGC) of Snohomish County. This was presented to committee who requested an update be provided to full council. She reviewed: • History o 1968 BGC occupies field house o 1975 City leases park from school district o 2010 City – BGC Building Use Agreement (renewed 2015 and 2020) o 2016 City acquired park from ESD o 2017 Master Plan adopted o 2021 Construction started, anticipated to be complete May 2023 • Civic Park Project Design • Ground lease agreement o BGC options  Improve existing building  Add to existing building  Demo/build new facility - Park MP (Ext B) - Park Design guidelines (Ext C) o BGC  Will own the building and improvements  40 year lease with option for 15 year extension  Option to allow for continuation after the extension o Council approval Edmonds City Council Approved Minutes February 21, 2023 Page 13  Written approval by city council for demo, construction and/or alteration to site and improvements  Process (can include public hearings) 1. Schematic design with building footprint 2. Development design 3. Any significant design changes  Consent to perform must be completed within 3 years  BGC complete construction within 3 years, 1 year extension o BGC site footprint (existing building and surrounding area) in Civic Park o BGC responsibility  Repairs for any/all impacts during improvements (from demo through construction)  Site access plan for City approval  Maintain all improvements – 5 year inspections  Utilities – water, sewer, power and phone o Other  Separate operating agreement to be negotiated  Exempt from leasehold excise tax Councilmember Teitzel observed the kids attending the BGC use the basketball court on the north side of the building fairly frequently. He asked where the kids would exercise and play outside when that space is covered by the new building, whether it will be the tennis and/or basketball courts and if so, will that create conflicts with the public who also want to use those facilities. He asked how that would work from a scheduling standpoint. Ms. Feser answered it will depend on the Club’s design for their facility. They have a basketball court in the facility now and there may be a court in their future plans. Prior to construction, the children who attend the BGC were quite active in their use of the park as park users and she expected that would continue after construction of Civic Park is complete as well as after the new BGC facility is constructed. Adjacency to the park is one of the great features of this BGC. Park amenities they will be able to use include the basketball court, tennis and pickleball courts, large open athletic fields, the track, etc. Councilmember Olson congratulated Ms. Feser on bringing the council the ground lease land separate from a use agreement, a great takeaways from a previous project. Councilmember Paine commented a 40 year lease is a nice long lease for any nonprofit and no nonprofit these days would be able to afford to come into the downtown area in such a nice spot. She was glad the Edmonds City Council Approved Minutes February 21, 2023 Page 14 council would have a chance look at the building. She was curious about programming, recalling when her daughters were young, they had had a great time staying there after school. She wanted to ensure the programming stayed within the content of the agreement and that it continued to be used for youth services as required for a gift of public funds. She appreciated that the language in the agreement reflected language in the state constitution that allows this use. Councilmember Paine relayed staff had answered her questions about having an opportunity to look at the building and the opportunity to hold a public hearing. She appreciated staff’s diligence in ensuring there would be a separate agreement regarding construction access, noting that should also include use of the right-of-way outside the front door if they planned to store any materials in the right-of-way as she anticipated a 3-year occupation of the right-of-way would be problematic. She assured she will have other, better questions after seeing the BGC’s proposed design. Councilmember Chen commented the agreement was an exciting policy between the City and the BGC of Snohomish County. This project makes him think of the partnership with Waterfront Center, another successful cooperation. He observed the lease is 40 years plus a 15 year extension, and asked if the City took ownership of the building after that point. Ms. Feser answered the agreement allows for the negotiation of an extension at the end of the 55 years. Councilmember Chen observed the BGC have programs during the day and asked if the building would be available for City programming at night. Ms. Feser the City and BGC have not entered into those discussions yet. The BGC has expressed interest in discussing possible shared programming. The BGC’s focus is before and after school activities during the school year and during the day when school is not in session, but not late night activities so there is room for discussion. The City currently shares programming space at the Waterfront Center; the City has programs there Monday-Thursday 4 to 10 p.m. Councilmember Chen asked about the population the BGC serves, whether there is an age limit. Ms. Feser said she did not know the answer and invited Councilmember Chen to email her that question and she will pass it on to BGC and share their demographic and programming information with entire council. Councilmember Chen wondered whether the square footage allocated to the BGC is sufficient to serve the Club’s population. Ms. Feser answered that is for them to respond to in their building designs including how they want to program the building and the age population they are targeting. Councilmember Chen relayed the current design is one story; the building height at that location is 30 feet so a 2-story design would double the available space. Ms. Feser said that will be clarified when the BGC presents their schematic design to council later this year. Councilmember Nand referred to the play areas outside the building, commenting it seems like a good opportunity to pursue the addition of afterhours lighting to extend play time on the tennis courts, etc. She asked if that would be in the purview of this agreement or should it be handled separately. Ms. Feser asked if Councilmember Nand’s question was whether the renovation of their existing footprint provide lighting for areas outside the building. Councilmember Nand asked if this would be a good time to pursue upgrading amenities to have afterhours lighting, bleachers, benches, etc. to make the tennis court more amenable for local high schools programming of competitive games. Ms. Feser answered the only lighting in the park for activities is related to the athletic field. The intent is for the rest of the park to close at dark; park hours are typically dawn to 30 minutes after sunset. The other amenities in the park are currently not lit to not encourage activity in the park after dark. The promenade is lit on one side. The park was not designed to be heavily used after dark other than the athletic fields. Observing that it gets dark quickly in the winter months, Councilmember Nand suggested consideration be given to extending the hours of usage of the tennis courts and basketball court as a public service especially for young people. Councilmember Teitzel referred to Ms. Feser’s comment that the BGC was exempt from paying leasehold excise tax because they are a nonprofit providing public benefit. He asked if the BGC had formally applied Edmonds City Council Approved Minutes February 21, 2023 Page 15 for an exemption. Ms. Feser answered they have exemption status through the State of Washington Department of Revenue. Council President Tibbott commented this has been a great discussion and he loves the concept that is coming together. The lease has been well thought through and he was excited to see the BGC’s plans. COUNCIL PRESIDENT TIBBOTT MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE PROPOSED GROUND LEASE AGREEMENT BETWEEN THE CITY OF EDMONDS AND THE BOYS & GIRLS CLUB OF SNOHOMISH COUNTY. MOTION CARRIED UNANIMOUSLY. 4. ADDENDUM NO. 1 TO LIBRARY ANNEXATION AGREEMENT Planning & Development Director Susan McLaughlin advised the library repair and renovation was previously presented to committee. She explained in June 2022 an irrigation pipe broke, flowing into the library for approximately 8-12 hours, damaging the walls, flooring, furnishings, elevator and restrooms. A lot of emergency repairs were done by the City and Sno-Isle also did emergency cleanup of their furnishings and other equipment. As emergency repairs are being completed, the City and Sno-Isle have been discussing modernization and renovation of the space, balancing the urgency to reopen the library as soon as possible and using this opportunity to improve accessibility, sustainability, and make modest improvements to the teen and children space. Sno-Isle hired a design team to design the interior space. Ms. McLaughlin explained this agenda item is an addendum to the annexation agreement that outlines the agreement with Sno-Isle regarding who covers what portions of the building and how. The City covers all building repairs such as flooring, walls, restrooms, etc. and Sno-Isle covers furniture, equipment, materials, etc. The annexation agreement created in 1998, anticipated a 3-year building reserve fund to be used for, 1) roof replacement and 2) building repair. The roof was repaired in 2003. Subsequent to that repair, water challenges have continued and as part of the current repairs, fixes are being considered to assure Sno-Isle. The $300,000 referenced in the annexation agreement for roof replacement would never cover the cost of roof replacement in 2023 and beyond. The roof replacement is included in the City’s 6-year CIP. Ms. McLaughlin continued, this agenda item is an addendum to the annexation agreement to enable Sno- Isle and the City to use the building reserve fund to pay for the emergency repairs that have been done, the City’s out of pocket expenses, work not covered by insurance, and to cover Sno-Isle renovation work. The breakdown in the addendum is the City’s costs would be up to $250,000 and Sno-Isle’s cost would be approximately $610,000. Facilities Manager Thom Sullivan and Chy Ross and Susan Hempstead with Sno- Isle are present to answer questions. Councilmember Paine commented on her very enjoyable tour of the library a few weeks ago. She loves everything in the addendum; the only thing missing is the date of the flood. She requested it be added to the 3rd whereas clause in the addendum. Ms. McLaughlin agreed with that addition. Councilmember Paine suggested making that addition and scheduling it on next week’s consent agenda. Otherwise, she loved that the design was moving forward and she would hate to see anything slow it down. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT TIBBOTT, TO SEND THE ADDENDUM TO THE CONSENT AGENDA FOR THE FEBRUARY 28 MEETING. Councilmember Nand asked Sno-Isle to comment on the sustainability of the green roof on the library since irrigation and potential flooding has been a source of concern. Mr. Sullivan commented the sustainability of a green roof in Western Washington is a challenge, an exciting challenge for those in facilities because it can be done. It typically has a lifespan because underwater environments only last so long without renovating or modernizing the waterproofing. The 6-year CIP includes revisiting the waterproofing and Edmonds City Council Approved Minutes February 21, 2023 Page 16 landscaping as an opportunity to compliment what will basically be a brand new library. There have been a lot of technological advancements in waterproofing materials, techniques, flashing, etc. since 2013. Councilmember Nand observed even if the green roof is retained, flooding from the irrigation into the building is not anticipated. Mr. Sullivan answered he did not think so, the failure point was identified and temporarily mitigated and he is working with the parks manager on a permanent replacement of the system. Councilmember Nand relayed her understanding funding of the green roof and maintenance is not a point of contention between Sno-Isle and the City and there are no plans to remove the green roof. Mr. Sullivan said that has not been discussed. Ms. McLaughlin said the concern about the roof leaking again was absolutely a point of conversation at the onset of the City and Sno-Isle partnership in this project. The ability to make these emergency repairs, take a close look at whether there is continued water intrusion and make additional repairs as well as including evaluation of the library roof membrane in the City’s CIP instilled Sno-Isle’s confidence. Councilmember Olson asked if there would be value to making the amendment tonight and approving the addendum tonight or was approval on February 28 consent agenda acceptable to staff. Ms. McLaughlin answered approval February 28 was acceptable. Councilmember Olson recalled she previously relayed a resident’s suggestion to have an alarm for extreme water intrusion and staff indicated they were looking into that. Mr. Sullivan answered he is working with the City’s alarm vendor on options for a building water intrusion alarm to determine what best suits the library design, the most critical areas for water intrusion, and isolating an alarm to the areas of most concern such as directly under water pipes. Councilmember Olson recognized Erling Hesla for that suggestion. Councilmember Olson recognized this was an unwelcome incident for everyone, a huge inconvenience and a quality of life impact. She thanked city staff for shouldering the additional workload created by this incident. Councilmember Chen reported he toured the library with Councilmember Teitzel; it was good to see that improvements were being made, but it was difficult to have the library out of service for that length of time. He thanked staff for all the work it has taken to put the library back together. He referred to the library annexation agreement which included a reserve fund of $1,111,658; the $250,000 and $610,000 identified in the addendum for repairs will deplete the reserve fund. He asked about plans to replenish the reserve fund. Ms. McLaughlin answered the existing balance in the reserve fund is approximately $860,000; the utilization of reserve funds by Sno-Isle and the City will exhaust the fund. There is a clause in the agreement that states when it is exhausted, the parties will renegotiate a new reserve fund. That is the intent, to revisit it as intended in the original annexation agreement. Councilmember Chen began to make an amendment regarding replenishing the reserve fund. Mayor Nelson recommended the council first vote on the earlier motion. Mayor Nelson restated the motion: TO INCLUDE THE DATE THE FLOOD OCCURRED IN THE ADDENDUM AND PUT THE ADDENDUM ON THE FEBRUARY 28TH CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER CHEN MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO AMEND 3.3.5 REPLENISHMENT OF EDMONDS BUILDING MAINTENANCE RESERVE FUND, THE LIBRARY DISTRICT SHALL REPLENISH THE RESERVE FUND WITHIN A YEAR WHENEVER THE RESERVE FUND IS DEPLETED BELOW THE ORIGINAL LEVEL OF $1,111,658. Edmonds City Council Approved Minutes February 21, 2023 Page 17 Councilmember Chen explained the reason for the amendment is although everyone hopes unfortunately things would not happen, but when they did happen, the reserve fund would be there to fund repairs and maintenance. This amendment would be to restore the reserve fund when it is depleted. Councilmember Buckshnis commented that is a lot of money to replenish in one year. Section 3.2.3 in the original annexation agreement gave three years to establish the fund. In most businesses and even the City’s reserve funds, it takes 2-3 years to replenish depleted funds. McLaughlin agreed a fund of some sort needed to be replenished. There will be myriad factors once the repairs and renovations are completed that will inform the dollar amount for the reserve. An amendment to the original annexation agreement to establish a new reserve amount would have to come back to council. The agreement requires the fund be reestablished via negotiations with Sno-Isle. She was uncomfortable adding a specific dollar amount and duration without any research or analysis but agreed replenishment of the reserve fund was the next step in the negotiations. Councilmember Paine agreed the reserve needed to be replenished; the amount will be determined via an assessment of future costs and the future stability of the building. This agenda item is the addendum and not the original annexation agreement. If the council wanted to make changes to the annexation agreement, there needed to be a conversations with the library system first. She did not support the amendment at this time. Councilmember Nand said while she appreciated Councilmember Chen’s desire to have the maintenance fund replenished, this seems like a bargained for term and there would need to be an understanding with the bargaining partners to make a material change like that. Given the schedule year 1, 2 and 3 where almost half of the amount is front loaded into the first year, she asked whether any maintenance needs were anticipated that would exceed $500,000 once the fund is exhausted and replenished to about 50% within the first year. Mr. Sullivan answered there will be no shortage of need with a building approaching 50 years old. Buildings typically require a large reinvestments at 50 years including mechanical, roof, entry doors, the Plaza Room banquet facilities, possible water intrusion, security issues, etc. He anticipated there would be no shortage of $500,000+ projects. There is a green roof project in year 6 of the CIP; if something catastrophic happened in the first year it could require action to preserve the investment that Sno-Isle is making on the main floor. He summarized maybe not in the first year, but there will definitely be some large projects in future years. If something catastrophic happened that impeded the ability for the library to function, Councilmember Nand asked if there was an ancillary City fund to make the building operational. Ms. McLaughlin answered from a risk management standpoint, the reason this has taken so long is settling insurance claims, out of pocket expenses, being true to the annexation agreement and the parties’ obligations, not the need to identify funding. If there was a catastrophic event that was not anticipated through the CIP, it would again be an insurance issue. Councilmember Olson thanked Councilmember Chen for bringing this up. She agreed need more information was needed before proceeding with a decision on the amounts and timeframe. Councilmember Chen expressed appreciation for the dialogue. There was value to this discussion because if he had not brought it up, the council would not know the reserve fund was $800,000 and not $1.1 million. He agreed there needed to be a two-way dialogue regarding reestablishing the reserve. COUNCILMEMBER CHEN WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. Councilmember Chen encouraged staff to continue conversations with Sno-Isle regarding replenishing the reserve fund for the benefit of both the City and the Sno-Isle Library. Edmonds City Council Approved Minutes February 21, 2023 Page 18 COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER CHEN, TO REVISE THE SECOND SENTENCE OF ITEM 3.2.3.3 TO READ, “THE SHARE OF THE COST OF REPLACEMENT OF THE ROOF SHALL BE FIFTY PERCENT (50%) OF THAT COST. UP TO AN AGGREGATE TOTAL CONTRIBUTION OF THREE HUNDRED THOUSAND DOLLARS ($300,000.00). Ms. McLaughlin advised that language is in the annexation agreement which is not the subject of this agenda item. Tonight’s agenda item is the addendum to the annexation agreement. Staff will come to council with the annexation agreement in the near future because the total contribution for the roof replacement in Item 3.2.3.3 is inadequate and needs to be renegotiated. The annexation agreement was not part of the negotiations with Sno-Isle so she was uncomfortable making a change to the agreement without further discussion about the roof replacement. Councilmember Teitzel asked when repairs become replacement, observing major remediation is being done now. Ms. McLaughlin answered it is categorized as a tenant improvement from a building permit standpoint. It is not that lengthy or onerous, no structural walls are being moved or eliminated, the roof is not being replaced, etc. COUNCILMEMBER TEITZEL WITHDREW THE AMENDMENT WITH THE AGREEMENT OF THE SECOND. Councilmember Teitzel requested staff take this up with Sno-Isle at the earliest opportunity, anticipating the spirit in 2001 was to share the cost evenly; at that time the total cost was likely $600,000. 10. MAYOR'S COMMENTS Mayor Nelson announced tomorrow night is the 75th anniversary of the Edmonds Lion’s club at the ECA starting at 6:30 p.m. 11. COUNCIL COMMENTS Councilmember Nand relayed Councilmember Chen, Council President Tibbott and she went to Olympia to lobby on behalf of the City as part of the AWC Action Days to represent the views of a majority of constituents. They received a range of responses on council majority’s position on HB 1110 and its companion bills. Some state legislators were quite receptive to their point of view; some were openly negative and used very frank language when speaking to them. She appreciated that level of honesty although it was difficult to hear at the time. In response, she drafted a letter to the editor that also uses quite frank language, especially on the role of city councils and councilmembers is being portrayed in the housing discussion. Councilmember Nand read an excerpt from her letter and hoped her perspective could be taken in the spirit it was offered, an honest response to some very honest comments they received: “HB 1110 in its present form is slated very pro-developer and very anti-city. With mandatory density formulas crafted by state legislators in Olympia, the legislation will preempt local zoning control and open up millions of acres of land all over the state to developers with little say from local city councils and the communities that we represent. The type of nuance that is required to increase density and massing of new multifamily developments in what have previously been single family zoned neighborhoods for decades is best achievable through retaining local control at the city level. As a city councilmember, I invite our state legislators to work with us to solve the affordable housing crisis and homelessness crisis. We are not NIMBYs, we are not racists. We see the trauma experienced by the unhoused population and the strain on working and middle class families when they have to spend hours daily commuting to work. We want to solve these problems too. Don’t treat us as the enemy. Since the state democrats are fairly confident they will pass HB 1110 and its companion bills in some form this session, I am proposing an amendment to HB Edmonds City Council Approved Minutes February 21, 2023 Page 19 1110 to at least retain public design review process options at the city level especially for communities with a history of disenfranchisement and marginalization. These are important tools to engage with our community members, in particular, people who come from historically underrepresented who may speak English as a second language and are engaging in the political process for the first time. Please contact your state representatives and senators and ask them to retain public design process options at the city level. Don’t let them take away your voice.” Councilmember Buckshnis said everyone knows her opinion from an environmental standpoint on HB 1110 and its companion bill. The unintended consequences of zoning from a state legislative level is local government does not get to zone their own property although they know the topography, demographics, stormwater, sewer, watersheds, etc. and that that is not being received well in the world of Twitter. What is important is getting information out to the public. Cities need to deal with housing, homelessness and affordable housing, but for a long time the environment has not been considered even in light of extreme events, watershed problems, etc. It is important to look at the entire picture of the environment and housing which is why zoning should remain at the local level. She appreciated the three councilmembers going to Olympia and was dismayed they were treated poorly. She encouraged the public to urge their representatives to vote no on HB 1110. Councilmember Buckshnis commented the preliminary 2022 December Financial Report was in Requests for Filing on the agenda. It is actually the quarterly financial report or the fiscal year-end and she hoped staff would make a presentation to council. Councilmember Paine commented she was sorry she was not in town to go to Olympia. She reappointed Kevin Harris to the Economic Development Commission. Mr. Harris has served a couple terms; her quarterly conversations with him have always been exciting and invigorating and he is a very strong contributor to the EDC. Council President Tibbott reported on the visit to Olympic. They worked hard to represent the City’s view on the housing bills. They received some very frank language, but pushed back in appropriate ways to move forward with commitments and priorities that represent the City’s best interest. One of best things that happened while in Olympia was the opportunity to meet with city leaders from around the region. They found allies from cities as large as Bellevue to coastal cities like Bellingham and Mukilteo and inland cities like Auburn and others who shared almost identical concerns about HB 1110. Edmonds is not alone in this and it is very gratifying to have new allies representing the interest of cities in Olympia. Council President Tibbott congratulated AWC for taking up the charge for negotiating with legislators with the support of 281 cities and working behind the scenes and bringing a strong message. He was proud of the Edmonds team who learned from each other as they made presentations. Both Councilmembers Nand and Chen are master networkers, they both knew lots of people with whom they have had previous conversations. Residents can be proud of the councilmembers’ representation of the City in Olympia. Councilmember Olson commented there has been a lot of interest in watersheds. There are public workshops tomorrow at 12 and 6 p.m. regarding the Perrinville Creek Watershed Stormwater Management Action Plan. They are public meetings and attendees will have an opportunity to participate online. Further information is available on the cover page of the City’s website. Councilmember Olson wished a happy 50th anniversary to the Edmonds South Snohomish County Historical Society and 75th anniversary to the Edmonds Lions Club 75. She thanked the volunteers of both organizations for all their wonderful work in the community including the flags and collection of glasses and the community favorite, the farmer’s market. She thanked the Lake Ballinger neighbors for attending tonight. She heard their concerns and offered to meet with them to discuss their concerns, perhaps meetings with 2-3 councilmembers to find out what is happening on Lake Ballinger. Edmonds City Council Approved Minutes February 21, 2023 Page 20 Councilmember Chen reported on his experience in Olympia. Overall it was wonderful to experience the legislators in action and see how hard they work. Law makers have different opinions and discussions, meeting after meeting, working on amendments, meeting with constituents, etc.; he admired the amount of effort they put in. He relayed good news from the legislature, HB 1516, which makes Lunar New Year a state legal holiday, passed and will be forwarded to appropriations. Councilmember Teitzel thanked Councilmember Olson for her comments about the Edmonds South Snohomish County Historical Society celebrating their 50th anniversary. As a former board member of that organization, he can attest to the amount of work they do keeping the library in great condition, keeping displays interesting and running events like the summer market and other events. The Historical Society is a great organization and he encouraged the public to support them often. The City is a partner with the Society; the City own and maintain the building. He thanked Mr. Sullivan for working with the museum to maintain the library. Councilmember Teitzel commented the earthquakes and fatalities in Turkey and Syria have been heavy on his heart the past few weeks. The number of people who lost their lives is equivalent to the number of residents in Edmonds; it would be as if the entire City was wiped off the face of the earth, a very sobering thought to consider. He encouraged anyone interested to donate to a relief organization or through their church to help those suffering in Turkey and Syria. 12. ADJOURN With no further business, the Council meeting was adjourned at 9:21 p.m. ____ SCOTT PASSEY, CITY CLERK